Melrel L. Stephens - Page 6

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          Commissioner, 76 T.C. 468, 481 (1981), affd. without published              
          opinion 720 F.2d 664 (3d Cir. 1983).  Accordingly, except for the           
          $290 contribution to the United Christian Church, which                     
          respondent concedes, we hold for respondent on this issue.                  
               Turning to the mortgage interest, the parties do not dispute           
          that petitioner may deduct the interest that she paid on her                
          primary residence and one other California property.3  See                  
          sec. 163(h)(2)(D).  The parties lock horns on the interest paid             
          on the remaining two Californian properties.  Petitioner asserts            
          that this interest is deductible as interest on properties held             
          out for rental; i.e., investment interest.  Petitioner argues               
          that her lottery winnings are investment income that can be                 
          offset by this investment interest expense.                                 
               We disagree with petitioner that the interest on the other             
          properties is deductible as investment interest.  We are unable             
          to find in the record that petitioner ever held any of these                
          properties out for rental or otherwise held them as an                      
          investment.  Petitioner's brief, on this issue, is directed                 
          entirely towards her assertion that lottery winnings are a form             
          of investment income.  We need not decide that issue, however,              


          2(...continued)                                                             
          A.F. & A.M. Inc., we note that the record does not indicate that            
          this lodge was a qualified recipient under sec. 170(c)(2).                  
          3 We understand the parties' agreement to mean that                         
          petitioner may deduct the mortgage interest paid with respect to            
          331 West 46th Street ($10,913) and Salter Road ($23,994).                   




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